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tv   The War Room With Jennifer Granholm  CURRENT  March 28, 2012 9:00pm-10:00pm PDT

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>> jonathan turley of george washington university, "countdown" contributor, thank you for staying with us >> tonight we explore the fate of president obama's health care law, the future of health care now lies in the hands of the nation's nine supreme court justice. and then, my exclusive interview with deval patrick. his state has universal health care ins statuted by his predecessor, mitt romney. this is the war room. come on inside.
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>> we begin with breaking news in the trayvon martin vase george zimmerman said the unarmed 17-year-old attacked him, but this just released video calls his credibility into question. he said he broke his nose and slammed his head into the ground. zimmerman's face and head certainly do not show any blood or bruises. the video seems to contradict an initial police report saying he was bleeding from the neck and nose. zimmerman hasn't been charged with any crime but we now know that the lead homicide investigator recommended he be charged with manslaughter. zimmerman insoaked florida's stand your ground law. for reaction to the trayvon case we're joined from chicago by
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gary indiana mare, guarantee man-wilson. she served as the attorney general of indiana a state that has a stand your ground law. welcome into the war room, mayor. >> thank you governor. >> so glad to have you here. i wanted to get to the stand your ground issues, but i know you have seen the video of george zimmerman taken into custody or at least in the sanford police department. what's your reaction. >> i to have tell you that i'm not at all surprised after hearing the audio of the last moments of trayvon's life, i did not expect to see any injuries on george zimmerman and that video simply bears that out. i think it impeaches his story and as the old adage goes, a picture speaks a thousand words. >> for sure. for sure. we were both attorneys general.
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if i saw that video and had the testimony of the homicide detective who recommended that he be charged with manslaughter, i just do not understand to this moment why george zimmerman is not arrested. >> i have to join that. and the prosecution of zimmerman would have to be a key piece of evidence. >> there is no doubt about that. now, you are and one of the reasons we asked you to come on tonight was to talk about the fact that you are part of a group of mayors who have formed to suggest changes to illegal -- to gun laws nationally, perhaps and i just am curious from your perspective, you are the mayor of gary, indiana and a new mayor, and there was a huge great swell of excitement when you were elected because you are a hometown girl, born and raised in gary, and then went
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off to harvard law school and harvard university and came back as the hometown girl does good. you ended up being elected mayor and just took office. you have seen from your perspective as the mayor what homicide rates in gary, indiana have been. is that the reason you joined this group? >> absolutely. i understand what illegal guns on the street can do and have done to devastate a community and certainly i was very quick to join the mayors against illegal guns, because if we are going to curb crime in our communities, if we are going to address the violence in our communities, we've got to get the guns off of the street. >> now you were attorney emof indiana and indiana is one of the stand your ground law states. when you were attorney general do you -- what was the thought of prosecutors and police
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departments across the state with respect to that law? >> well, i think that certainly in indiana no prosecutor, no law enforcement officer wants any citizen a well-meaning citizen to ever be in peril for their lives after being threatened. the issue here, however is that it has to be a real threat. it has to be a reasonable threat and it has to be an imminent threat. i don't think that that is at all the case in trayvon martin's case. if you listen to the audio if you look at the video of zimmerman, it is clear that there is no eminent threat of harm that no reasonable person in george zimmerman's position particularly when the police officers tell you not to pursue an individual, you can't pursue someone and then say you're in
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fear for your life. >> you raised the last moments of trayvon's life and it's hard to talk about that because we all know what we were listening to and clearly that will have to be a key piece of evidence. the point in the stand your ground laws is that you can claim this defense no matter where you are whether you're in a house or whether you are out in the street. that to me, is a significant difference between the castle doctrine laws which are in some states which allow you to protect your home, but the idea of taking this defense out into the street, does that not hamper law enforcement in their ability to bring cases? >> absolutely. it creates an extra barrier for prosecutors, for law enforcement officers to bring these cases and it does give a lot of latitude for those who would act illegally and use these
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grounds -- use these laws for cover, and that is why you know i think that we would all be better served if there were some type of federal regulation of these laws and the states. i know that, you know, there are a lot of folks who would cry and promote state's rights, but when you see these types of tragedies and trayvon martin i suspect is just the latest victim of this type of law but when you see these tragedies result in the loss of life, it really does send a message that there has to be some regulation of these stand your ground laws. >> i think it would be difficult to get federal law on curbing gun possession across the board. i would imagine just from a political point of view, it would be very difficult to get through congress, because certain states have a history and a tradition and rural states of gun possession, but it's the urban areas most
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challenged. is there a way to carve a federal law that you guys might be recommending that cuts it with a scalpel and not with an ax, if you will? >> absolutely, and that's what i hope to sit with the u.s. conference of mayors to do, because there really is a double-edged sword to these types of issues for us. there is the vigilante justice that we saw in trayvon martin's case and then there is the urban violence that we see every day that leads to crime statistics in cities like gary, like philadelphia like washington, d.c. that we have to address in our communities and we do it in a variety of ways with community policing, with the enforcement of laws, through the enactment of truancy courts, but at the end of the day we need laws that will allow us to regulate the use of guns, the
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availability of guns particularly those guns that are used against police, that are used against other young men where we have black on black violence in our cities, and others across the country. >> so a lot of communities especially because of the recession have felt the pinch of budget cuts and some communities have decided that they and this is admirable that they are forming neighborhood watches or they are sort of themselves doing what they feel the police can't because of cutbacks in law enforcement, those neighborhood groups, i think while they should be applauded and certainly george zimmerman was an unofficial watchman like that, would we think that civilians are an adequate substitute for community policing or professionals on the ground? >> absolutely not. we have to be very careful. there is a vast difference
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between neighborhood watch where neighbors look out for each other where they call the police when they see suspicious activity, where they alert their neighbors to concerns that they have on their property. at the end of every neighborhood watch action is a call to the police, is a response to the police. it is not an effort or an action to take the law into your own hands. >> mayor free man-wilson, thank you for joining us inside the war room. that's gary, indiana mayor free man-wilson. >> we check in with massachusetts governor deval patrick so find out how romney care is working in his state. >> justice kennedy could be the swing vote. we'll talk with someone who knows firsthand how justice can
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be waived with whether the globe is warming, we're debating things like how much warming will we see in what will be the precise impacts on brought patterns in north america. there are still issues that are being debated, but the fact that we're warming the planet is not one of them. >> all right. that is michael mann with his book, "the hockey stick and the climate wars." coming up the power of public outcry. plus the war on women continues to rage. republicans are now going to even greatest length to take away a women's right to choose. you have to see this. and later we'll head out to the campaign front as we enter the etch-a-sketch of the gop primary. we're just getting started at the war room and we want you to
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have a seat at the table. go to to connect with us and make your voice heard. we'll be right back.
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new 5 rpm gum. stimulate your senses. 50 >>this is outrageous! we've have no choice, we've lost our democracy here. >> you're back inside the war room. the supreme court heard final arguments on whether president obama's health care reform law is constitutional. none of the justices is getting more scrutiny than anthony kennedy, that's because he is the court's swing vote. he court's right wing but known to vote
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with liberal counterparts, as well and how he votes in this case will likely determine its outcome. what might be going on in the mind of justice kennedy as he deliberates? unfortunately he doesn't do too many interviews but we have his former law clerk here with us, clerk for justice kennedy in 1983 and 1984, now the court appointed receiver of the california health care systems. thank you for being here. >> my pleasure to be here. >> i want to start with a sound byte today of justice kennedy's argument:
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>> all right so in real persons language, what do you think went on in the court today, what's going on in his head? >> the technical language i go severability. if they decide to strike down the individual mandate, how much of the rest of the affordable care act can stay in place. that is the question today. >> what do you think he is doing with that line. >> what he is pointing out is if they were just to strike down the individual mandate and leave the rest of the act in place it would actually impose upon the country a health care insurance system that congress never intended and that actually proposes some really serious challenges in the way it would work. >> a lot of justice were
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grappling with this, because when you sever something what's left has to deal with the consequences of that hole. it seems to me from the argument that i read and listened to, that it's either all or nothing. >> i would agree with you that that seems to be whether most of the justice are and this is a little different than in a normal case. in a normal case, the court really tries to preserve as much as it can. i think the court is struggling with the problem. they've got 2,000 pages of material here. they don't really know how things interact with each other so they're a little afraid if we carve something out -- >> what i was encouraged by is they're willing to look at the whole thing and look at the impact not just on the law, but on the world on the country. that would be true if they struck the whole thing down, because so much has taken place in order to preserve this health care reformal. let's get inside the vote of the
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swing vote. is he persuadable in oral argument or does he come in with his mind already set? >> he comes in with a predisposition of how he thinks the case should be resolved, but justice kennedy is very open to being persuaded. i think we saw that a little bit yesterday. he started out with a lot of questions that suggested he was pretty skeptical. towards the end he actually restated the government's case in a pretty favorable way suggesting to me that he is still wrestling with the question however does the commerce clause go. >> what happens now. what goes on inside that we don't see? >> there will be a vote that they'll take friday, and then assign who gets to do what opinions, and they -- my guess is they've already started writing various opinions. >> are they acrimonious at all? really.
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appellate courts have to be places where there's a great deal of collegeality because they work together all year. it's not just one case. oftentimes, they simply would be exchanging draft opinions and draft consents among themselves. >> they're not face-to-face. >> oftentimes it's done by email. >> back in your day you actually walked from chamber to chamber. in our conversations before, they shake hands before every meeting. >> every week, it's a 200 year tradition, but they individually shake each other hands every justice shakes the hand of every other justice. it's a cute little -- >> i love these traditions, the fact that the junior justice has to pour the coffee for everybody, now justice indicatingen is pouring everyone's coffee. >> there's no one else in the
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conference room. it's just >> are they watching what's going on outside the protests, do they take that into account? i know they'll say they don't but really. >> you can't ignore it. i mean in many cases their office windows overlook the plaza, so of course they see it. frankly, i don't think it has that much of an impact, that type of immediate political consequence. i do think most of the justices are interested in the grand sweep of political history in the country and that is important. >> for sure. >> i do think one of the things that makes the affordable care act, puts it at risk is that it is so unique. it's not like we've been building up to it. >> on the other hand that might be in its favor too because it distinguishes it and they won't feel their making precedent for other laws. >> that's exactly right. >> thanks so much for your insight.
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we will be watching. >> coming up, biden is back on mitting mitt where it hurts but first tensions over the trayvon martin case are boiling over what's up? >>hi! >>how ya doing? >>good. >>what you got there? >>a u.v. light lunch box. >>wow! how does it work? >>you put the fruit in, you turn it on, you wait for ten seconds, you take it out. it's a healthy apple to eat. >>that's big. if you sell as manny of those as we sold records, one day i'm going to be going to your house. >>got a cool idea of your own? enter it now at four finalist will have the chance to pitch their idea to one winner may see their invention idea brought to life.
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and good luck. ♪ >> outrage over the trayvon martin killing reached the house floor today in a sight not often seen in chambers. >> racial profiling has to stop, mr. speaker. just because someone wears a hoodie does not make them a
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hoodlum. >> that's illinois democratic bobby rush donning a hoodie and greg harper, who was presiding over the chamber ordered rush escorted out for violating a house rule that prohibits wearing hats in chambers. afterwards, rush told reporters that decorum sometimes has to take a back seat to justice. joining us for analysis of how the martin case is becoming political is pollster david merman andar sure brazoni. thanks so much for coming in. there's been an awful lot obviously today and even tonight about this video regarding george zimmerman obviously, the stuff on the floor of congress, and the issue of race being so hot. i know, david you've got some
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data on what the polls are telling us. >> it's an unfolding story. things are going to shift day to day on things like this. the most recent poll that i've seen shows very large majorities of the country feeling that first of all mr. zimmerman should have been arrested, 73% believe that. 76% believe on neighborhood watch, you shouldn't carry a gun. that's the initial judgment of the voters. the outrage is justified it seems like it's a serious issue. having said that, you know, this isn't the issue has the obama administration or democrats particularly want voters to go thinking about. it's obviously a big deal. >> it is a big deal. arthur from your perspective how do you think the conservative media has been handling this? they dove in and there was an effort to try to smear trayvon a bit by bringing up some of his past history and then there was
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competing releases. >> i think all sides have made this a political issue. it's a tragedy. i think your previous guest is more my position, which is also the position, the two leading black journalists, which is the bigger issue is the incredible violence that occurs, half of all homicides are block youth or and also 93% are black on black violence. the dropout rate, unemployment rate, all these issues are much larger than this emotional frenzy going on. i think if that leads to that kind of debate, that's positive. if not this is part of this turbo charged primary world where every issue explodes with social media. >> i think that's right.
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obviously the was an issue being very critical. we are going to talk about it tomorrow on the show. stay tuned for that. we've been trying to make some heads or tails of the supreme court and health insurance. what are you seeing? >> the jury's still out on the supreme court of course, or the court is still out. and you know, when a decision gets handed down, that will be an earthquake politically. it will make a big difference in all kinds of things regarding the election. what's interesting is that the critical part of the law that's most at issue here is the unpopular part, the mandate that people buy insurance be covered, which is part of how it works, it was a republican idea to begin with, as governor patrick pointed out. >> politically which way? >> if they struck the unpopular part down and leave the rest, the rest is the popular part.
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it's a huge policy mess, but politically, the republicans try to repeal those popular provisions, they're going to be an interesting box if that has. i'm sure the administration would rather keep the whole law. >> it's a very interesting pickle romney is in given that his state is that this is the one that this was modeled after. >> as just discussed. >> there were interesting enforcements in the presidential race today. stick around, everybody. it's completely inappropriate for television.
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>> a poll shows president obama ahead of mitt romney in three key swing states in florida leading 49% to 42% and leading in ohio and pennsylvania. that's a total of 67 electoral votes. back to look at the numbers and other polls welcome back, you guys. let's start with this. that's bad news for mitt romney, those swing state numbers. >> and those are the right states to be polling here. you win two of those three you're going to win. >> the last time i was here, i remind you where the polls were, they change constantly. >> but romney got two pieces of
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good news. one, george h.w. bourbon doored him and the second tonight breaking news that marco rubio from florida also endorsed him. can you say vice presidential hopeful? >> that definitely looks like what he's aiming for. it's a good day for romney, good to get that endorsement. rubio is a very capable politician. he is not as popular with latinos nationwide. he is popular with latinos in florida and way out of step with latinos in the u.s. on immigration. it's a mixed bag. >> i don't think it's a surprise. even i would say that's not a surprise. when i think is interesting is the timing of it. i watched the talk about santorum and gingrich and obviously they've run out of gas, showing themselves to be
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accepting reality. santorum's trying to set himself up for a vice president position. interesting time for rubio to come forward staking his ground. >> and newt gingrich cutting back his staff saying he's in it until the end. if he's charging 50 bucks a photo, he is hurting. romney's got his problems. today, the milwaukee wisconsin journal sentinel posted a story what romney thought was a funny story. oh my god! wait wait, wait, the story is that his dad moved jobs from michigan to wisconsin in shutting down a factory and this was supposed to be a humorous story. >> you've got to understand he's a wealthy man so he's going to act a different way. >> do you even know what a car elevator is? >> there are wealthy people who
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can relate and connect with the rest of us and there are those who captain. >> i don't know about us but the bottom line is that. >> closing a factory down! >> you get the delegates you win the votes and election. president ford had a problem of falling on every staircase he was on. joe biden has his own problem every time he opens his mouth. >> he has a relatable problem. let me ask you quickly a series of polls came out today showing the president's favorability and job approval numbers and then mitt romney's favorability, and there's a different and i think it's important for people to realize, there's a different between favorability and job approval. >> president obama's favorability has been trending higher than his job approval. his approval numbers are up, but
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he has an enormous gap over romney, two legitimate pollsters showing obama's favorability in the low to mid-50's, romney, 34 favorable one poll, almost a 20% gap. you can't win an election with that kind of a gap. if it were today he'd be in trouble. >> talking earlier about this, on the same day that you have this poll, rasmussen came out with a poll showing 51% disapproval of the president. the gallup poll, pretty much even. we're going to be going through this. >> we are. we are. >> we should actually a. graph for all the times that we do this, because we're only in march. >> it's going to be a close
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race. there's going to be ups and downs. >> it's march! >> the more people see of romney the worst. >> i disagree. >> thank you guys for coming. coming up, the complexities of a legal argument as seen through the eyes of a man child. erlich versus the supreme court is next p.m. how. [ male announcer ] cookies with smooth caramel and chocolate. ♪ ♪ hmm twix. also available in peanut butter.
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attack on women that perhaps the majority of the population woke up? >> idaho is not known as approaching act i.v. you had hundreds of women show up, thousands signed petitions. they made their voices heard. what happens is that now, the legislators are running scared. very similar laws have passed quietly in other states for the past 10 years, really in the past two years have intensified. pennsylvania a similar law was shelved, idaho this proved to be political poison. women are paying attention and having their voices heard. >> thanks for coming in. >> the aclu considers a demand that to get a job you have to let an employer open your private mail, the senate wants
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to make it illegal to hand over a password to your facebook account. >>just refreshing to hear. no other television show does that. we're keeping it real. >> the supreme court has finished hearing arguments in the obamacare case, shh brett's talking now. >> the supreme court is typically a place of high level discourse and debate but
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yesterday, everyone sounded like well a total moron. the solicitor general, the number two attorney in all of america took a giant number two all over himself. >> because it -- because -- the -- and -- and -- because this is a market in which -- in which -- >> what a disaster! i don't have video since they don't allow cameras inside the courtroom, but here's the closest thing to what i could find to what went on in there. >> just a ship with sophisticated navigation systems could run aground is unclear. >> wasn't totally his fault. the justices were celebrating teletuby tuesday. you try answering a question when sam alito is dressed like this. early on the judges started comparing the health care industry to other industry and what resulted were some inane
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analogies. here's a picture they painted of the health care industry funeral insurance cell phones, cars and broccoli. that is definitely worth a thousand words. if the government can force you to buy health insurance can they also force you to buy all this? i sure hope so, because i just bought the website and already got one order too who thinks it would look great in his elevator in his garage. i'm done talking now. >> thanks for joining us here in the war room. tomorrow, more on the trayvon martin case and a closer look at violence in the african-american community and in urban communities. of cou
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